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2025 Supreme(Online)(KAR) 9295
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V SRISHANANDA, J
SOMAN @ DEVARUS – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRIMINAL APPEAL NO. 1054 OF 2011
For the Appellants/Petitioners: M.T. Nanaiah, Prabhugouda B. Tumbigi, Siji Malayil
For the Respondents: Channappa Erappa
Important Points
Subject
Criminal Law - Appellate Review
Act Referred
Arms Act: S.5, S.27(1), S.28
Headnote
(B) Evidence - The court emphasized that the prosecution did not successfully prove the seizure of weapons, raising doubts about the conviction for certain offenses. However, injuries sustained by the accused established that an incident occurred involving retaliatory fire. (Paras 22-27)
Facts of the case:
The appellants were charged for forming an unlawful assembly and using deadly weapons against forest officials. The prosecution had a robust framework of witnesses, but the material evidence was insufficient for some related charges, which resulted in acquittals.
Findings of Court:
The judgment highlighted that injuries inflicted on the accused by forest officials suggested a free fight rather than a clear attack by the accused, affecting the overall penalties imposed.
Issues: Determining if the prosecution established elements of the charged offenses and assessing whether the terms of conviction required adjustment.
Ratio Decidendi: The judgment noted that injuries to the accused indicated more complexity in the case, leading to a reconsideration of the significant penalties suggested initially.
Result: Appeal allowed in part; the conviction for some offenses was maintained, while others were overturned.
| Table of Content |
|---|
| 1. accused charged with multiple offenses, details of the incident. (Para 2 , 3 , 4) |
| 2. defense arguments focus on evidence and credibility of claims. (Para 10 , 11 , 12) |
| 3. court assessing credibility of evidence and re-evaluating penalties based on injuries sustained. (Para 19) |
ORAL JUDGMENT
Heard Sri.M.T.Nanaiah, learned Senior Counsel for Sri.Prabhugouda B. Tumbigi, learned counsel for the appellant Nos.1 to 3, Sri.Siji Malayil, learned counsel for appellant No.4 and Sri.Channappa Erappa, learned High Court Government Pleader for the State/respondent.
2. Present appeal is filed by the accused Nos.1 to 4 challenging the order of conviction passed by the learned Sessions Judge in SC No.08/2007 whereby the accused persons were convicted for the offence punishable under Section 143 , 148, 353, 307 read with Section 149 of IPC, Section 5 read with Section 27(1) and 28 of Arms Act , 1959 and sentenced as under:
| Offence | Punishment | Fine | Default sentence |
| Section 143 read with Section 149 of IPC | Three months simple imprisonment | - | - |
| Section 148 read with Section 149 | One year simple imprisonment | - | - |
| of IPC | |||
| Section 353 read with Section 149 of IPC | One year simple imprisonment | - | - |
| Section 307 read with Section 149 of IPC | Five year simple imprisonment | Rs.5,000/- Six months | |
| Section 5 read with Section 27(1) of Arms Act, 1959 | Three year simple imprisonment | Rs.5,000/- Six months | |
| Section 28 of the Arms Act, 1959 | Three year simple imprisonment | Rs.5,000/- Six months |
3. Brief facts of the case which are utmost necessary for disposal of the present appeal are as under:
3.1. Sargur Police Station, Mysore District filed the charge sheet against accused for the offence punishable under Section 143 , 147, 148, 353, 307 read with Section 149 of IPC, Sections 9, 27, 31, 35(1), 35(6) read with Section 51 of the Wild Life (Protection) Act, 1972, Sections 25, 27 and 28 of Arms Act , 1959 and Section 3 of Explosive Substances Act, 1908.
3.2. Gist of the charge sheet materials would reveal that on 23.06.2005 at about 11.45 a.m. in Kalkere reserve forest of A.M.Gudi reserve range, accused Nos.1 to 4 and absconding accused Nos.5 to 7 formed an unlawful assembly and picked up the altercation with the forest officer and their sub-staff and they were armed with the guns, knife, axe and such other deadly weapons and entered into the forest range in A.M.Gudi especially Kalkere reserve forest.
3.3. With an intention to obstruct the discharge of the official duty by the forest officer and also with an intention to take away the life of the forest personnel, appellants along with the absconding accused persons started mercilessly firing against the forest officer and his sub-staff. Forest officials also retarded. In the process, accused Nos.1 and 2 sustained injuries and forest officials took upper hand and caught hold of accused Nos.1 to 3 from the spot and accused Nos.4 to 7 flew away from the spot.
4. On committal, learned Sessions Judge secured the presence of accused Nos.1 to 4 and framed the charge sheet for the aforesaid offences. Accused persons pleaded not guilty and therefore, trial was held.
5. In order to bring home the guilt of the accused persons, prosecution in all examined 18 witnesses as P.W.1 to 18 and placed on record 28 documents which were exhibited and marked as Exs.P.1 to 28 and as many as 21 material objects were placed on record comprising of guns, unfired bullets, axe without the handle, kife, gun power, torch, salt, utensils, cartridge, chilli powder, gun belonging to the forest department and other material objections.
6. Detailed cross-examination of the prosecution witnesses yielded some result in creating the doubt in the case of the prosecution in respect of the offences under Section 9, 31, 35(6) read with Section 51 of the Wild Life (Protection) Act, 1972, Sections 25 of Arms Act , 1959 and Section 3 of Explosive Substances Act, 1908. As such, the case ended in acquittal as against those offences.
7. However, on conclusion of recording of the prosec
